June 7th, 2023
June 7th, 2023
QUEEN’S PARK – Ontario NDP MPP Kristyn Wong-Tam (Toronto Centre) announced their latest Private Member’s Bill aimed at stopping the misuse of non-disclosure agreements (NDA) often used in the interest of perpetrators and the organizations that they work within to silence survivors and victims of abuse.
“NDAs can be immensely harmful to survivors of sexual harassment, bullying, and intimidation,” said MPP Wong-Tam. “Individuals, corporations and institutions that use NDAs to silence survivors are powerful, wealthy, and take away the agency of survivors to get support, justice, or even tell their story.
My Bill will prohibit people in positions of power from forcing survivors to sign NDAs against their will and ensure that any agreement signed does not limit survivors' ability to share what happened to them for the purposes of gaining medical care or emotional support, explaining gaps or changes in their careers, or for their own artistic expression.”
MPP Wong-Tam's Bill, titled Stopping the Misuse of Non-Disclosure Agreements Act, if passed, will close the gap left by the Conservatives’ decision to prohibit the use of NDAs in post-secondary institutions by extending the same standard to civil society and other organizations.
QUOTES
“I don’t believe that anyone who asked me to sign the NDA was consciously trying to cause me harm. I was a casualty to a system that was operating without best practices. This bill could change that. We can’t rely on every individual institution to understand the consequences of being trapped under an NDA after sexual harassment or assault. We need our government to set standards.”
-Mikaela Davies Lily – Actor, Creator, and Coach
“To have NDAs protect abusive behaviour and traumatize survivors? That is what we are here today to work against. I am proud that through my work with ACTRA we created the Creative Industries Code of Conduct and the Association of Acting Coaches & Educators, along with other tools to end harassment and violence in the creative industries. However, if a survivor is trapped in an NDA, they can’t readily access those tools, which is why bills like this one are needed.”
-Theresa Tova - ACTRA National Treasurer, ACTRA Toronto Past President, Chair Entertainment Industry Coalition (EIC), and Co-Administrator of the Association of Acting Coaches and Educators (AACE)
“This Bill builds on the reform already passed into law that prohibits the use of NDAs by Ontario universities to cover up sexual misconduct. Members of all workplaces in Ontario deserve the same protection from being forced into silence to protect perpetrators and organizations that do not take misconduct at work seriously.”
-Dr. Julie Macfarlane, Co-Founder of Can’t Buy My Silence